How Do I File a VA Claim for PACT Act?

Congress has passed several laws in recent years to expand the scope of VA disability benefits and other services for veterans who have developed health conditions due to their exposure to toxic chemicals during their military service. In particular, the PACT Act, enacted in 2022, significantly expanded healthcare and disability benefits for veterans with toxin-caused medical conditions. The PACT Act allows veterans who have developed medical conditions due to exposure to burn pits, Agent Orange, radioactive sources, and other toxic contamination to obtain VA disability benefits more easily than before. 

Who Qualifies Under the PACT Act?

Veterans who qualify for the advantages and benefits afforded under the PACT Act include:

• Served in the Vietnam War, the Gulf War, and overseas combat post 9/11 (e.g., Afghanistan, Iraq)
• Exposed to toxic burn pits, Agent Orange, radioactive materials, or other toxic sources during military service.

The PACT Act established a list of presumptive conditions. Under the PACT Act, veterans who meet the above criteria and who have a presumptive condition do not need to prove a service condition for their condition – the presumptive nature of that condition means the VA assumes a service connection. Examples of presumptive conditions include:

• Brain cancer
• Gastrointestinal cancer
• Kidney cancer
• Lymphoma
• Melanoma
• Pancreatic cancer
• Cancers of the reproductive organs
• Lung or throat cancers
• Post-service asthma
• Chronic bronchitis
• COPD
• Bronchiolitis
• Emphysema
• Interstitial lung disease
• Pleuritis
• Pulmonary fibrosis
• Sarcoidosis
• Hypertension
• Fibromyalgia
• Chronic fatigue syndrome
• Chronic gastrointestinal distress

Filing a VA Claim Under the PACT Act

Filing a VA claim under the PACT Act begins with gathering supporting documentation, including medical records, service records, buddy statements, and nexus letters, to prove you have a presumptive condition under the PACT Act and that you have the required military service. 

You can apply for VA disability benefits online, via mail, or in person at a VA regional office. You have the right to file a claim with assistance from a VA-accredited attorney. After submitting your application, the VA may ask you to submit additional documentation or attend a compensation and pension exam. You should promptly submit all requested information and attend the C&P exam.

Tips for a Strong PACT Act Claim

Best practices for veterans filing PACT Act claims include:

• Submitting comprehensive service and medical records to establish the existence of a qualifying medical condition under the PACT Act and your qualifying medical service and toxic exposure
• Completing all application forms (using “none” or “n/a” for non-applicable questions or fields)
• Ensuring you have a complete application and supporting documentation to reduce processing times 
• Working with an experienced VA disability benefits lawyer to maximize your chances of a successful PACT Act claim

What to Do If the VA Denies Your Claim?

If the VA denies your claim for disability benefits under the PACT Act, you can appeal that decision through the VA’s administrative appeals process. The VA offers three avenues for administrative review:

• Higher level review: In a higher level review, a senior claims reviewer reviews your benefits claim anew. You cannot submit new or additional information. 
• Supplemental claim: A supplemental claim allows you to submit information or evidence not previously considered by the VA.
• Review by the Board of Veterans’ Appeals: Appealing to the BVA allows you to obtain a hearing before a Veterans Law Judge experienced in VA regulations. 

You have one year from the denial of your PACT Act claim to pursue administrative appeals of your claim. You can best improve your chances of success on appeal by working with a VA-accredited disability benefits attorney. 

Contact a VA Disability Lawyer Today

Contact Veterans Benefits Law Group today for a free, no-obligation consultation with our PACT Act attorneys to learn more about your potential eligibility for VA disability benefits due to conditions caused by your exposure to toxic substances during your military service.